Jersey Judgment

McCarthy v Planning Minister [2007] JLR 167 (12 March 2007)

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Source document

01

Holding and result

The Minister is not bound by preliminary favourable representations; legitimate expectation rarely applies in planning appeals. The court must consider if refusal is unreasonable due to appellant's detrimental reliance, but mere expenses on plans and applications do not constitute serious detriment, whereas purchase of property in reliance may do so.

Court disposition

appeal dismissed

02

Material facts

Parties

McCarthy

Appellant

Planning Minister

Respondent

03

Procedural history

  1. Posture

    Planning Appeal / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellant relied on favourable representations by the Minister and acted to their detriment; refusal of permission is unfair.
Respondent
Minister is not bound by preliminary representations; doctrine of legitimate expectation rarely applies in planning appeals.

05

Court’s reasoning

  1. 01

    [2007] JLR 167

    Minister is not bound by preliminary favourable representations in planning matters.

  2. 02

    [2007] JLR 167

    Doctrine of legitimate expectation is rarely applicable to planning appeals; court should consider reasonableness of inconsistent refusal, focusing on detriment suffered by appellant.

06

Ratio, limits and disposition

Ratio decidendi

The Minister is not bound by preliminary favourable representations; legitimate expectation rarely applies in planning appeals. The court must consider if refusal is unreasonable due to appellant's detrimental reliance, but mere expenses on plans and applications do not constitute serious detriment, whereas purchase of property in reliance may do so.

Court disposition

appeal dismissed

Source and reliance status

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Judgment

[2007] JLR 167

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